I will assume if you have clicked on the link to read this article, you are either a landlord or thinking of becoming a landlord. Either way, knowing what to do when rent isn’t paid, should be one of the first things you learn!
You may be familiar with the Landlord and Tenant Board and their corresponding forms that help you with the process. If not, check out the Landlord and Tenant Board site, it has a wealth of information for everyone, http://www.sjto.gov.on.ca/ltb/
There are two ways to obtain an Order from the Landlord and Tenant Board, an Order with eviction and an Order without eviction. The Landlord and Tenant Board has several different types of forms that are referenced by a letter and a number. For example a N4 (a notice for rent arrears) is an “N” for Notice and is the fourth form listed. They use “L” for Landlord used forms and “T” for Tenant used forms.
The strategy I recommend is the process with eviction. This includes a notice to the tenant that they have not paid their rent and should they continue to fail to pay the rent you will be taking them to the Landlord and Tenant Board (or they can voluntarily leave). Should they still not discontinue the notice, as a Landlord you will file an application with the Board, specifically an L1 application and you will obtain a hearing date.
At the hearing the Adjudicator will review the matter and ask questions pertaining to the outstanding rent. Even if the Tenant does not show, this will still happen. If you have satisfied the Adjudicator she/he may then give you a standard Order. A standard Order is where 11 days of the day the Order is written the Tenant has to pay the full amount or they can be evicted by the Sheriff.
This Order, once received in the mail, will be needed for the Sheriff’s office as well as Small Claims Court, if you decided to enforce the Order for rent arrears.
When I speak at engagements, I always tell Landlord to treat this as a business. If a Tenant is not paying rent, then take action, but some Landlord do not wish to use eviction as leverage.
If this is you, the second option is the form L9. This application does not require giving notice to the Tenant. Complete the form and submit it to the Board for a hearing. At the hearing you will be asked by the Adjudicator for the information regarding the rent arrears and if you have satisfied him/her you will receive an Order in the mail for the rent arrears owing.
This second method does not allow you to evict the Tenant. This Order can be only enforced.
Take the time to decide which option is for you. Any way you choose, ensure you forms are filed out properly and correctly. Any mistake can cause delays. And of course, if you just don’t wish to deal with any of it, give me a call!
